Trademark Registration – Apply Online, Filling Cost, Fees, Process, Status of TM India

Trademark Registration in India is crucial for businesses and individuals to protect their brand identity and intellectual property rights. You’ve likely seen the ‘TM’ symbol on products and phrases, indicating trademark protection. The TM mark signifies that the brand element, such as a logo, symbol, word, or phrase, is registered to differentiate products or services in the marketplace. Here’s a step-by-step guide to navigating the Trademark Registration process, including online applications, costs, fees, business loan eligibility, and tracking your application’s progress through TM India.

Importance of Trademark Registration

A registered trademark protects your brand from unauthorised use or infringement while also increasing its market worth and reputation. It offers exclusive rights to use the trademark in relation to the products or services for which it has been registered, as well as legal redress against any infringement by rivals or counterfeiters. Trademark also enhances your eligibility for business loans.

Step-by-By Guide for Getting Trademark Registration of Your Business

1. Research: Conduct a thorough trademark search to ensure your proposed mark is distinctive and does not resemble any existing trademarks in India. In-depth research helps avoid potential disagreements and legal concerns in the future regarding your trademark registration and ensures the uniqueness of your brand. A thorough examination includes reviewing the Trademark Registry database and, if feasible, undertaking an overseas search to establish worldwide extraordinariness of your logo or your business mark.
2. Documentation: When going to get your trademark registration, be prepared with all the relevant documentation required for application. Ensure that the trademark to be registered is clearly depicted with applicant details and a detailed description of the linked goods or services under that trademark. It is critical to precisely define the trademark, including its notable features, colours, forms, and other distinguishing characteristics. The commodities and services must be classified using The Nice Classification (NCL) system, which divides items and services into 45 categories.
3. Online Application Process: Go to the Trademark Registry’s official website or approved gateway to make online registration. The online application procedure is quick and simple, allowing candidates to complete and submit their applications digitally. It entails filling out the application form with correct information and uploading the required papers.
4. Expenses Involved: Before filling out the application, get yourself familiarised with the expenses of application submission, including government fees, class-specific fees (if applicable), and extra services like expedited processing and trademark search reports. The pricing structure varies depending on the application type (individual, startup, small business, or corporation) and the number of classes of goods/services covered by the trademark.
5. Document Submission: You will need to upload the required documents through online registration, including the proof of identity/address, trademark specimen, and Power of Attorney (if filing through an agency). Check that all papers are clear and readable to avoid delays or rejections.
6. Legal Criteria: The Trademark Office examines trademark applications to ensure they meet legal criteria before publication. The examiner examines the application for inconsistencies, similarities to existing trademarks, and other concerns. Once accepted, it is published in the Trademark Journal for public notice.
7. Opposition Period: Third parties might challenge your Trademark Registration if it clashes with their existing rights. The opposition period lasts four months from the publication date in the Trademark Journal. If no resistance is made, or if objections are successfully addressed, the registration procedure proceeds.
8. Certification: The Trademark Registry will provide a Registration Certificate if the trademark is successfully registered and no oppositions are lodged. The certificate acts as legal proof of ownership and may be used in court to enforce trademark rights.

Filing Costs and Fee Structure

Understanding the fees connected with Trademark Registration is critical for budgeting and planning.

Filing a trademark application costs ₹4,500 for individuals and companies. Corporate organisations and other candidates pay a fee of ₹9,000 per class.

Registering a trademark in several classes incurs extra expenses for each class. The pricing structure varies according to the number of classes and the kind of applicant.

Professional Fees

• Hiring a trademark expert or professional service may result in extra charges. These fees vary according on the complexity of the application and the services offered.
• Acquring a thorough trademark search report from expert services may incur additional expenses. This report assists in determining the originality of the trademark and any disputes.
• Expedited processing of trademark applications requires greater costs but accelerates the inspection and registration procedure. This option is excellent for those who want to see results quickly.

Understanding Opposition Period During Trademark Registration

• The opposition period is a critical part of the Trademark Registration procedure. During this time, other parties may file an objection to the trademark’s registration.
• Interested parties have four months from the publishing date to register an objection. The objection must be supported by legal grounds, such as earlier usage or resemblance to an existing brand.
• If an objection is lodged, the applicant may react and defend their trademark. This may include presenting facts, making legal arguments, and refuting the opposing party’s allegations.
• If the opposition is not addressed through written comments, a hearing may be held. The Registrar of Trademarks will consider the facts and arguments submitted by both parties and reach a conclusion.

Trademark Registration in India

Trademark Registration is required for businesses and people that wish to protect their brand identification. In India, the following entities can file for Trademark Registration:

Individuals: Anyone who wishes to protect their distinctive brand name or emblem may file for a trademark.

Companies: Small and large businesses can protect their identity and intellectual property by registering their brand names, logos, or slogans.

Proprietorship Firms: Sole proprietors may register trademarks in their firm’s name.

Partnership Firms: Partnerships, including Limited Liability Partnerships (LLPs), can register trademarks in their name.

Societies and Trusts: Non-profit organisations, societies, and trusts may seek for Trademark Registration for their distinctive insignia or names.

Government Agencies: Various government entities and organisations can register trademarks to safeguard their distinctive identification.

Joint Applicants: If many entities possess the same brand or product, they can apply for a trademark together.

Types of Trademark Registrations in India

Trademark Registration in India is split into different forms depending on the nature of the trademark. Following are the popular types:

Product Marks: These are used to identify and differentiate items from those produced or sold by others. Product markings serve to safeguard the product itself.

Service Marks: These are used to identify and distinguish one entity’s services from those of another. Service marks safeguard a company’s service offerings.

Collective Marks: These are used by a group of firms to safeguard their shared interests. They indicate where the goods or services wearing the mark come from members of a specific association

Certification Marks: These marks are used to indicate that goods or services meet a certain standard specified by the certifying authority. They reassure customers on the quality and grade of the goods or service.

Type Marks: These safeguard a product’s or packaging’s unique form, allowing it to stand out in the market.

Pattern Marks: These are used to preserve certain patterns that appear on products or packaging.

Sound Marks: These are used to preserve distinctive sounds that distinguish the commercial origin of goods or services.

Trademark Registarion: Vienna Codification

The Vienna Codification is an international categorisation system that categorises trademarks based on figurative aspects. The Vienna Codification, created by the Vienna Agreement in 1973, is an international method for classifying figurative components of trademarks. It offers a hierarchical classification system that divides designs into sections, classes, and subclasses. This codification contributes to the standardised classification of trademark visuals, making it simpler to search and compare figurative marks across countries.

Documents Required For Trademark Registration

To apply for Trademark Registration in India, the following documents are usually required:

Trademark Application Form (TM-A): It comprises information about both the applicant and the trademark.

Proof of Applicant’s Identity: This might be a PAN card, Aadhaar card, passport, or any legitimate form of identification.

Proof of Applicant’s Address: This can be a utility bill, a bank statement, or any other legitimate address proof.

Trademark or Logo: A clear image of the trademark or logo that is being registered.

List of Goods or Services: A list of the products or services to which the trademark will apply.

Power of Attorney (Form TM-48): If the application is being filed by a trademark agent or attorney, this form grants them the authority to act on behalf of the applicant.

User Affidavit: A user affidavit attesting to the date of first use is required if the trademark was in use prior to the filing of the application.

MSME or Startup India Certificate: If relevant, this certificate can be presented to receive specific benefits during the Trademark Registration procedure.

Business Registration Document: Companies, partnership firms, LLPs, societies, and trusts must have a business registration certificate or partnership deed.

Board Resolution: In the event of a corporation, a board resolution authorising the individual to file for the trademark on behalf of the firm is required.

Trademark Registration and Business Loans

Trademark Registration can considerably increase a company’s legitimacy and financial position, making it simpler to get business loans. Here’s how a registered trademark can be useful when you apply for business loan:

Asset Creation: A registered trademark is an intangible asset that increases the worth of a company. It may be used as a valuable asset to secure loans for business or investments.

Brand Recognition: Registered trademarks improve brand recognition and customer trust, which can be beneficial to lenders and investors to quickly release working capital loan.

Loan Collateral: Trademarks can sometimes be used as collateral to get business loans. Financial institutions can assess the value of a trademark when assessing your business loan eligibility.

Business Valuation: Trademarks help to determine the total value of an organisation. A greater business value can enhance the terms and conditions of business loan in India.

Market Position: Effective trademark protection helps your organisations build a strong market position, offering them a competitive advantage. This steadiness may be appealing to lenders.

FlexiLoans is one such organisation that helps you secure online business loans in a complete digital process with minimal documentation and limited credit history. The process facilitates quick approval and disbursal.

Types of Classes for Trademark Registration in India

Trademark Registration in India adheres to the NICE Classification, a worldwide system that divides products and services into 45 distinct classes:

Classes 1–34 (Goods): These classifications encompass a wide range of things, including chemicals, equipment, apparel, and food. Each class indicates the sort of commodities it contains, such as:
Class 25: Clothing, Footwear, and Headgear
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, fake coffee, flour and cereal preparations, bread, pastry and confectionery and others.

Classes 35-45 (Services): These classes cover a wide range of commercial services, including advertising, business management, business administration and office responsibilities.

Concluding Remarks

Trademark Registration in India provides legal protection and exclusivity to businesses and people, preserving their brand identity and market presence. By knowing the procedures, expenses, and benefits of Trademark Registration, you can successfully protect their intellectual property rights. Whether you’re a startup, entrepreneur, or existing business, completing the Trademark Registration process ensures that your brand remains distinctive and legally safe in a competitive environment and also better prepares you for business loans.

FAQs